- 1 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100264 OF 2018 (374(CR.PC)/415(BNSS)) BETWEEN: 1. YANKAPPA @ VENKAPPA S/O JAKKAPPA JAKKARADDER, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: ITAGI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. 2. BHEEMAPPA S/O HANUMAREDDY MADANAHALLI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MAGOD VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. 3. SHEKAPPA @ CHANDRAPPA S/O SAHADEVAPPA MADANAHALLI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: MAGOD VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. … APPELLANTS (BY SRI. N.R. KUPPELUR, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 STATE PUBLIC PROSECUTOR, HIGH CURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH CPI, RURAL POLICE CIRCLE, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI. 2. SUNIL HANUMARADDI JAKARADDY, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. ITAGI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI. R2 IMPLEADED V.O.D. 11.09.2025. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. S.B. NAIK, ADVOCATE FOR PROPOSED IMPLEADING APPLICANT) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C., PRAYING TO ALLOW THE CRIMINAL APPEAL SETTING ASIDE THE JUDGMENT OF CONVICTION 28.08.2018 AND ORDER OF SENTENCE DATED 30.08.2018 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR PASSED IN SESSIONS CASE NO.52/2015 BY ACQUITTING THE APPELLANTS/ACCUSED NO.1, 4 AND 5 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 447 AND 307 OF IPC, IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Appellants, who have been convicted and sentenced in S.C.No.52/2015 by the Court of II Additional District and Sessions Judge, Haveri sitting at Ranebennur for offences punishable under Sections 143, 147, 148, 447, 307 read with Section 149 of IPC are before this Court challenging the judgment and order of conviction dated 28.08.2018 and the order of sentence dated 30.08.2018 passed against them. 2. Heard learned counsel for the parties. 3. Learned counsel for the appellants and learned counsel for respondent No.2, submit that, the appellants and the victims in the present case are all close relatives. During the pendency of this appeal, the dispute between the parties has been amicably settled at the intervention of elders and well wishers of both the parties. They submit that settlement arrived between the parties is voluntary, without there being any undue influence and coercion. The pendency of the dispute has been causing untold hardship - 4 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 to the parties to this appeal and also to their family members to live a normal life in their village. It is under these circumstances they have decided to give a quietus to their dispute and live peacefully in the future. They submit that in the incident in question, respondent No.2 and his parents are the injured victims. Father of the respondent No.2 is the brother of accused No.1, who is appellant No.1 in this appeal. The other two appellants are also close relatives of the family. They submit that the appellants and the victims, who are present before the Court, have filed an application before this Court under Section 320(5) read with Section 482 of Cr.P.C., with a prayer to permit the parties to compound the alleged offences. They submit that the application is supported by the affidavit of the appellants as well as the three victims in the present case. Accordingly, they pray that parties may be permitted to compound the offences, for which the appellants have been convicted and consequently, the judgment and order of conviction and sentence passed by trial Court may be set aside. - 5 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 4. Per contra, learned HCGP has brought to the notice of this Court that the appellants have been convicted for non-compoundable offences. 5. The parties who are present before the Court in person are identified by their respective advocates. The application filed by the parties under Section 320(5) read with Section 482 of Cr.P.C., which is supported by the affidavit of the parties, is taken on record. 6. The averments found in the application as well as in the affidavit of the parties are identical. Therefore, for the purpose of convenience, the averments found in paragraph Nos.4 to 6 of the affidavit filed by respondent No.2-Sunil, who is the son of other two victims in the present case, is quoted hereinbelow and the same reads as follows: “4. I respectfully submit that during the pendency of the above appeal at the intervention of the elders and advise by the well-wishers and the elders of ourselves and the appellants/accused and the injured and further on account of the fact that, we and the appellants are the nearest blood relatives i.e. own brothers residing in the same village and carrying on agricultural activities having neighboring lands, have decided to settle the dispute amicably among themselves out of Court. The complainant and the - 6 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 injured have also come to the conclusion to settle the dispute amicably and have decided to live in harmony and in good cordial relationship with us. Under these circumstances and in view of the amicable settlement arrived among ourselves, and the appellants, the application is filed before this Hon'ble Court seeking leave of this Hon'ble Court to compound the offences punishable U/Sec.143, 147, 148, 149, 447, 307 of the IPC for which the appellants have been convicted. 5. I respectfully submit that, myself and the injured have agreed that they will not precipitate the dispute or matter and have wished to put to end to the dispute with appellants and also the appellants have undertaken not to repeat such acts with us and injured persons. I have agreed to withdraw all the allegations against the appellants and have no objections to compound the offences and further has no objections to allow the appeal acquitting the accused/appellants. 6. I respectfully submit that, the appellants and myself are the relatives and after incident pertaining to the above case, there are no other instances of any quarrel by the appellants with us and in view of the fact that the well-wishers and helders of the village and our relatives have advised us to settle all the issues and dispute with the among us and also to keep good harmony and relationship, we have decided to settle the dispute on our ow violation, without there being any force, coercion, threat or influence either by the appellants or anybody. Hence, I have no objections to allow the appeal filed by the appellants acquitting them in view of the compromise.” 7. In the case of Hasi Mohan Barman & Another Vs.State of Assam & Another reported in (2008)1 SCC - 7 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 184, it is held that Courts can consider reducing the sentence imposed on the accused having regard to the settlement arrived between the parties. In the case on hand, the parties are close relatives and they all reside in the same village. PW5, PW7 and PW8 are the only injured victims in this case. Accused No.1 is the direct brother of PW8, Hanumareddy Jakkareddy, who is the father of the first informant (PW5) and husband of Smt.Vinoda (PW7). The other two accused are also members of the same family. The dispute between the parties, has been now settled at the intervention of the well-wishers and elders of both the families and they intend to give quietus to the dispute and live peacefully in future. 8. Perusal of the material on record would go to show that appellant Nos.1 to 3 were in custody for a period of more than 1 year 6 months during trial. Therefore, I am of the opinion that in view of the settlement arrived between the parties, if the appeal is disposed off, reducing the sentence of imprisonment imposed on the appellants, - 8 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 the same would serve the ends of justice. Accordingly, the following: ORDER i. The Criminal Appeal is partly allowed. ii. The judgment and order of conviction passed by the Court of II Additional District and Sessions Judge, Haveri sitting at Ranebennur in S.C.No.52/2015 convicting the appellants for the offences punishable under Sections 143, 147, 148, 447, 307 read with Section 149 of IPC is confirmed. iii. The order of sentence passed by the trial Court in so far as it relates to offences punishable under Sections 143, 147, 148, 447 read with Section 149 of IPC is confirmed. iv. The order of sentence passed by the trial Court for the offence punishable under Section 307 read with 149 of IPC is modified and reduced to the period of imprisonment already undergone by - 9 - HC-KAR NC: 2025:KHC-D:11813 CRL.A No. 100264 of 2018 the appellants. However, the order of sentence passed by the trial Court, directing payment of fine, for the offence punishable under Section 307 of IPC remains unaltered. v. It is brought to the notice of this Court that appellants have deposited the entire fine amount before the trial Court and therefore, the trial Court shall disburse the fine amount deposited by the appellants to PW7 and PW8 in terms of the order of sentence passed by the trial Court. vi. The appellants are entitled to set off as provided under Section 428 of Cr.P.C. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 31